ROSENBLUM ET AL., TRUSTEES,

v.

NEISNER BROS., INC.

Citator

Cited By (12 total)

• Allstate Ins. Co. v. Fowler, 480 So. 2d 1287 (Fla. 1985)
  …vicariously liable, that insurer’s liability is subsequent to an insurer who provides insurance to a party who is primarily liable. Pacific Employers Insurance Co. v. Hartford Accident and Indemnity Co., 228 F. 2d 365, 371 (9th Cir.), cert. denied, 352 U.S. 826, 77 S.Ct. 38, 1 L.Ed.2d 49 (1956); Dairyland Insurance Co. v. Concrete Products Co., 203 N.W. 2d 558, 564-65 (Iowa 1973). This Court has traditionally recognized the freedom of parties to contract and the right to enforce the contract in accordance…
• Allstate Ins. Co. v. Fowler, 455 So. 2d 506 (Fla. 1st DCA 1984)
  …rson or persons primarily liable, to whom coverage has been extended only by the extended coverage provision of the first insurer. Pacific Employers Insurance Co. v. Hartford Accident & Indemnity Co., 228 F. 2d 365, 371 (9th Cir.1955), cert. denied, 352 U.S. 826, 77 S.Ct. 38, 1 L.Ed.2d 49 (1956). The purpose of the rule is to avoid circuity of action, Dairyland Insurance Co. v. Concrete Products Co., 203 N.W. 2d 558, 564-65 (Iowa 1973). See also Barrois v. Service Drayage Co., 250 So. 2d 135 (La.Ct. App.),…
• Executive CAR & Truck Leasing, Inc. v. Alberta DeSERIO, 470 So. 2d 21 (Fla. 4th DCA 1985)
  …ed the common law rule of indemnity where one insurer insures an active tortfeasor and the other insures one who is only vicariously liable. Pacific Employers Ins. Co. v. Hartford Accident & Indemnity Co., 228 F. 2d 369 (9th Cir.1955), cert. denied, 352 U.S. 826 [77 S.Ct. 38, 1 L.Ed.2d 49] (1956). Id. at-. Because the owner and the lessee are only vicariously liable, their insurers should be subsequent in coverage to the separate insurer of the negligent driver. To determine the third level of insurance as…